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HomeMy WebLinkAboutAbarca DeLaMora - MOA dult soccer Rd 36MEMORANDUM OF AGREEMENT ROAD 36 SOCCER COMPLEX - Adult Soccer League(s) - The City of Pasco has rented the four soccer fields at Road 36 for use of an adult soccer league for about 22 years. For the 2015 soccer season (April -September), the fields are desired by two separate leagues. In order to ensure the recreational opportunity for the several hundred soccer players and to avoid an improper monopoly of a public facility, the city has determined to divide the field playing time between the two leagues for the 2015 season. To effect the city's decision, the parties (German Abarca, Ramiro DeLaMora, and the City of Pasco) agree to the following provisions for the 2015 adult soccer league season. 1. Each league (DeLaMora and Abarca) will certify to the city recreation office, in writing, by 4:00 pm, Tuesday, March 17, that it has at least 16 teams committed to play during the 2015 season. Failure to do so will render this agreement null and void, unless they pay a $300 late fee and certify the 16 committed teams by 4:OOpm on Friday, March 20. 2. Field Time: a. Each league with at least 20 teams will be assigned six hours of field time, as follows: i. Abarca: fields 1-4 each Saturday, 5:00 pm— 7:00 pm, and each Sunday, 9:00 am —1:00 pm. (breakdown 1:00 —1:30 pm) ii. DeLaMora: fields 1-4 each Sunday, 2:00 pm — 8:00 pm (setup 1:30-2:00 pm) b. In the event a league has at least 16 teams but not 20, then the Sunday reservation hours will be reduced by two hours (16 teams can complete play in four hours). The hours reduced from one league may be offered by the city to the other league. It is the responsibility of the renter to notify the City of Pasco by March 24, 2015 at 4pm if they have less than 20 teams so adjustments can be made. If it is determined that a renter failed to notify the City of Pasco of a league size of less than 20 teams the renter will be billed $50/hour for each unauthorized hour of use. 3. Reservation Fees: a. Reservation fees shall be billed at $10.00 per hour per field (i.e. $40.00 per hour for all four fields) b. The Reservation fees for the entire season shall be paid as follows: i. $1,600 paid to the city recreation office not later than 4:00 pm, Wednesday, March 25, 2015. ii. The Regular Season (April —August) reservation schedule shall be submitted and the balance due, above and beyond the original $1,600, will be paid to the city recreation office not later than 4:00 pm, Wednesday, April 22, 2015. iii. The Playoff Season (September) reservation schedule shall be submitted and reservation fees paid to the city recreation office not later than Friday, August 21, 2015. c. In the event one or more fields are not available on the date(s) previously reserved and the closure is approved by the city recreation office, the reservation fee(s) previously paid for the respective date(s) shall be refunded to the respective league. d. Failure to make payments as prescribed shall render this agreement null and void and the fields will not be available for the league which fails to fulfill the prescribed payment. 4. Additional Field Painting Fee during Playoffs (September) — If, and only if, both leagues are in agreement, an additional fee of $520 split between the two leagues ($260 per league) can be paid. Upon payment of the fee by the Leagues the city agrees to paint the fields on a weekly basis during the month of September. (Regular season painting of the lines is done on a bi-weekly basis). Memorandum of Agreement — Rd 36 Soccer 1 4 („ 1 d, �l j6 5. Insurance: a. Each League shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the League's operation and use of the leased Premises. The City shall be named as additional insured on the League's Commercial General Liability insurance policy. b. Minimum Amounts of Insurance. Each League shall maintain the following insurance limits: i. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: i. Each League's insurance coverage shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the League's insurance and shall not contribute with it. ii. Each League's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best raring of not less than ANII. e. Verification of Coverage. Each League shall furnish the City with original certificates and a copy of the mandatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the League. 6. Each league must: a. Provide its own nets b. Collect its own trash c. Follow all park rules as set forth in the specific rental contract. d. Clean the complex (all fields, spectator areas and parking areas) at the end of the reservation periods of each day (7:00 pm on Saturday; 1:00 pm on Sunday; 8:00 pm on Sunday). 7. Each league shall be responsible to manage use of the public parking lot during its reservation period under the terms to be fixed by separate memorandum of understanding between the leagues and the city recreation office. 8. Vendors shall not be permitted on the grounds or in the parking lot except as permitted individually by the city recreation office. 9. Each league hereby promises to take all reasonable precautions to avoid fighting, assault, vandalism or other forms of violence while using the facility. Each league is responsible for enforcing this rule among all participants and spectators, and all other facility users during their respective rental times. Failure to do so may result in termination of this agreement by the city. 10. As the renter of the facility it is your responsibility to ensure the fields are free from debris before you vacate the facility. 11. A key will be issued to allow access to the trash dumpster during your rental times only. It is your responsibility to ensure that the dumpsters are locked securely before you leave the premise. 12. Portable toilets will be placed at the facility for use by participants and spectators during your specified rental times. The toilets will be placed on a regular service schedule. It is your responsibility to inform the city if it appears a service date has been missed and the toilets need additional attention. Memorandum of Agreement — Rd 36 Soccer 2 13. It is required that you notify all teams within your league that if they wish to use Rd 36 Soccer Fields for practice that they must obtain a rental agreement and pay for use of the fields at the city recreation office. Failure to do so could result in removal of the said team from the remainder of the season from all Rd 36'h Soccer Fields. 14. Apart from the terms listed above, each league hereby agrees to abide by and enforce all regular Pasco Field Terms and Conditions, listed in Appendix A. Memorandum of Agreement accepted by: RamirwVeLaM6�— Date German Abarca Date IWdievel� /_&-gl Rick Terway, Pasco AKS Director Date Memorandum of Agreement — Rd 36 Soccer APPENDIX A Pasco Field's—Terms & Conditions 1. Signer of this contract assumes all responsibility for this event, including knowledge and adherence to all facility rules and regulations. To ensure a smooth event it is required that you inform other event planners, committee members, caterers, etc, of all applicable policies. Full disclosure of event setup, decorations & activities is required; failure to do so may result in a forfeiture of your deposit. 2. Reservation times are strictly adhered to. Please do not arrive earlier or stay later than your reservation time. Set up and cleanup of your event must be within your reserved time. 3. Groups are responsible for setting up, cleaning up, and leaving the facility as they found it. This is a do-it-yourself facility; custodial service is not provided. Customer will be responsible for any damage to the premises as the result of licensee's use, over and above normal wear and tear. 4. Upon completion of the rental period, staff will inspect the premises. If there has been damage to the premises or if the cleanup obligations have not been met, the City may seek reimbursement as may be necessary to make repairs or accomplish the cleanup. 5. All rental requests must be made at least 7 business days or more in advance of the requested rental date. A facility supervisor might be required to host your rental, if so they must be secured before your rental can be finalized. Payment in full is due at time of reservation. 6. Alcoholic beverages and/or appearance of intoxication are not allowed at any City of Pasco Park. 7. Balloons are not allowed in any City of Pasco Parks (water, helium, or air). 8. Gambling of any form is not allowed at City of Pasco Facilities or Parks. 9. Boisterous conduct and profane language shall not be permitted on City of Pasco premises. 10. All pets must be on a leash under 6 feet in length and owners must pick up after their animals. No pets allowed inside the Pasco Softball Complex. 11. Group size is subject to verification by on-site staff. 12. Use of live and/or amplified music (includes bull horns, boom boxes, etc.) is subject to written approval by the City of Pasco in advance (10 days prior notice is required), and may be subject to additional City permit requirements. 13. Children must be monitored at all times and renters are responsible for the conduct of their guests. Memorandum of Agreement — Rd 36 Soccer 4 14. No generators, inflatable jumping equipment, or any other special equipment rentals are allowed. Any exceptions must be requested in writing when rental request is made and written approval must be given by the City of Pasco. 15. The City of Pasco reserves the right to require a certificate of liability insurance naming the City of Pasco as additionally insured at the time and location of the event. This certificate must be attached to contract. 16. The City of Pasco reserves the right to cancel this reservation if it should conflict with a city program or if the facility becomes unavailable due to required maintenance. 17. Refund and cancellation policy: a. More than 30 days' notice of cancellation 100% less a $10 processing fee. b. Less than 30 day notice before event date. No refund. c. All deposits if required will be returned for refunds and cancellations. Changes to rental policy: d. Any changes requested more than 7 business days in advance of the event date are subject to a $10 processing fee. e. No changes less than 7 business days prior to event date. 18. Disturbance of the grounds is prohibited. There is no staking, digging, rutting, or other means of disturbance allowed in any City of Pasco Park. 19. If when you arrive at the facility you have problems and need to speak with a city staff person you will need to call our office during working hours (Mon -Friday 8:00 am to 5:00pm) after working hours you will need to call non- emergency dispatch at (509-545- 3510) and have them contact the Parks and Recreation on-call staff. Memorandum of Agreement — Rd 36 Soccer